An Employer Must Take Certain Steps to Assert an Affirmative Defense Against Harassment or Discrimination
If employers are going to have an affirmative defense to a claim of harassment or discrimination, pursuant to the New Jersey Supreme Court case of Aguas v. State of New Jersey, 220 N.J. 494 (2015), an employer must:
- Create an anti-discrimination/anti-harassment policy (make it an employee’s obligation to report problems);
- Document problems and have accurate evaluations;
- Circulate the policy, provide training on discrimination and harassment and the policy;
- Answer any questions about the policy;
- Follow the policy – conduct an appropriate investigation; and
- Don’t retaliate, including through constructive discharge.
We regularly provide annual anti-harassment/anti-discrimination training for our clients. The training takes approximately 1 hour and 15 minutes for the employees and an additional 15 minutes for supervisors. The training uses PowerPoint, lecture, videos and group interaction.
The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services. Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness. The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel.
This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk. We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability. Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein. We will remove a link to any site from this blog upon request of the linked entity.
We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.
If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com. One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.